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Practice Of Real EstateLicense_lawHARD

Salesperson Renee leaves Broker Adams' firm and immediately starts working for Broker Taylor. Three days later, Renee's former client closes on a property that Renee had listed and negotiated entirely while at Broker Adams' firm. Broker Adams claims the entire commission. Renee argues she should receive her split since she did all the work. Under Michigan law, which statement is most accurate?

Correct Answer

C) Broker Adams is entitled to the commission because the listing was procured and the transaction was negotiated while Renee was affiliated with Adams

Under Michigan law, commissions are earned by the broker whose license was active and affiliated with the salesperson at the time the procuring cause of the sale occurred — i.e., when the listing was obtained and the transaction was negotiated. Because Renee performed all work on this transaction while affiliated with Broker Adams, the commission belongs to Broker Adams. Renee's entitlement to a portion of that commission is governed by her contractual agreement with Broker Adams, not by her current affiliation with Broker Taylor.

Answer Options
A
Renee is entitled to her commission split directly from the closing proceeds because she personally performed all the work on the transaction
B
Broker Taylor is entitled to the commission because Renee's license was affiliated with Taylor at the time of closing
C
Broker Adams is entitled to the commission because the listing was procured and the transaction was negotiated while Renee was affiliated with Adams
D
The commission must be held in escrow by the title company until LARA-BPL issues a ruling on the dispute

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Related Topics & Key Terms

Key Terms:

procuring_causecommission_disputebroker_changesalesperson_rights

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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